EPA raised concerns on border fence, environment

By Brandi Grissom / Austin Bureau
Article Launched: 07/03/2008 12:00:00 AM MDT

EPA Study

AUSTIN -- The Environmental Protection Agency had serious concerns about how barrier fencing would affect habitat, animals and communities along the border near El Paso, according to recently released comments the agency prepared earlier this year.

The agency submitted comments in response to environmental assessments the Department of Homeland Security conducted of proposed fencing on the Texas border, including about 56 miles in the El Paso area.

The undated comments, which were obtained and released Wednesday by the Lone Star Chapter of the Sierra Club, show that federal environmental officials wanted the Department of Homeland Security to do more research and analysis on effects the border fence might have on wildlife, farming and water quality in the region.

That may be one reason why DHS Secretary Michael Chertoff in April signed a waiver that allowed the department to circumvent about 30 laws, including environmental regulations, in order to complete 670 miles of fencing this year, said Cyrus Reed, conservation director of the Lone Star Chapter of the Sierra Club.

"From the EPA's comments, it was clear they weren't going to get any kind of go ahead anytime soon," Reed said.

Barry Morrissey, U.S. Customs and Border Protection spokesman, said he had not seen the EPA comments, but he said Chertoff has clearly stated his reason for using the waivers.

"That was really to help move this process along," he said.

Morrissey said the department is conducting

environmental surveys and trying to mitigate other agencies' concerns.

The 14 pages of EPA comments list multiple areas in which the Department of Homeland Security provided inadequate information, including the fence's possible impacts on water quality in the Rio Grande, on landowners' access to water and on animals' ability to migrate.

The comments specifically question why Homeland Security officials did not seem to address concerns about the Rio Bosque Wetlands Park in the Lower Valley that manager John Sproul outlined in a letter to the department.

The U.S. Border Patrol "should consider alternative locations for fence placement that will result in the least impacts," the comments state.

The EPA comments mirror complaints from border residents and local governments, including the city and county of El Paso, which have filed lawsuits over the fence.

The El Paso lawsuit, which was filed by the county, the city, the Tigua tribe and others, challenges the constitutionality of Chertoff's use of waivers.

"When you have multiple governments, entities and agencies all saying the same thing," said El Paso County Commissioner Veronica Escobar, "that needs to resonate with our federal leaders."


Brandi Grissom may be reached at bgrissom@elpasotimes.com; 512-479-6606